techit die Firma für Netzwerke, Outsourcing & Backupsysteme

General Terms of Business

I. Conclusion of Contract
1. Our offers are non-binding. A contract is only reached by a written confirmation of order or by our delivery. The contractual relationship is ruled only in accordance with those terms and the terms of the particular license agreement that are approved by confirmation of contract or assumption of the ordered goods or the ordered services. This also applies, if we do not expressly contradict deviant conditions of the customer.
2. Additional agreements and alterations require a written confirmation by Techit GmbH.

II. Rights and Duities of the Customer
1. All software programs are only saled on condition that the customer accepts those general terms of business by law. No ownership of the program is purchased with the delivery and payment of the software programs, but merely the right to use the program. The programs remain in the ownership of the manufacturer. The use of a program may result according to each one computer system (one installation) according to the licensed number of computers. The purchaser is not entitled to reproduce programs, entirely or in extracts, on the same or other carriers. Reproductions the purchaser produces for himself for data backup reasons are excluded herefrom, as long as the program manufacturer allows this in his terms of license. These reproductions are not to be handed in to third parties. The purchaser is only allowed to use them, if the original cannot be used any longer due to damage or destruction.
2. The purchaser is obliged to neither pass on programs (and original data carriers and/or backup copies) of Techit GmbH to a third party nor to make them accessible in any other form for a third party. The reproduction of the program in its entirety or in extracts for simultaneous multiple usage on several computer systems is also prohibited. An infringement on these regulations entitles Techit GmbH to claim for a contract penalty amounting Euro 5,000 for each case of contravention. All other claims, especially claims based on copyright law or claims for damages against the purchaser remain applicable.
3. The regulations of paragraph 2 concerning reproduction and transmission apply equivalent for program manuals and other documents, including contract penalty.

III. Special Regulations for Resellers
1. If sale has expressly been directed to the customer, in order to be resold, the customer is entitled to transmit the right of use to a third party. The serial numbers the software producer has given out, which are recorded on the accompanied documents of Techit GmbH need to be indicated on the invoice at resale.
2. The reseller is not allowed to reproduce the program entirely or in extracts, as well not for data backup reasons.
3. The reseller is only allowed to give the program to a third party, if he has committed himself in writing to comply with point II of the prevailing general terms of business both with the reseller and Techit GmbH. The contract penalty to be paid from a third party in case of violation falls half on Techit GmbH and half on the reseller.
4. A violation of these regulations entitles Techit GmbH to demand a conventional penalty of Euro 50,000 in any case of infringement.

IV. Delivery
1. The accorded confirmation of order and general terms of business of Techit GmbH and the terms of the particular license agreement are exclusively decisive for the delivery obligation content. Techit GmbH is entitled for partial deliveries.
2. Deviations of the delivered goods and services of the bidding documents are licit, as long as they are reasonable for the customer and the understood essential services by contract of the ordered program can be fulfilled in its entirety.
3. If the ordered goods are replaced by new goods in the delivery program of the producer that accomplish all characteristics assumed in the contract the same or better, then Techit GmbH is entitled to deliver new goods instead of the ordered goods. Techit GmbH can adjust the price up to the same percentage in this case at which the maker's price for the new goods exceeds the maker's price for the ordered goods. The customer has the right to cancel within a period of two weeks after receipt of invoice in case of a price increase greater than 10 %, from which the increase in price should be effective.
4. The customer is responsible for the risk with posting the goods for dispatch. This also applies, if carriage-paid-consignment has been arranged. If the customer is responsible to collect the goods, the customer is responsible for the risk with notification of provision of the goods.
5. If a service is delayed beyond the agreed date of Techit GmbH, the customer can only assert the rights herefrom after setting reasonable deadline of at least three weeks, unless the customer can prove that his interest concerning failures to meet a deadline has disappeared completely. If Techit GmbH is behind schedule with the delivery or if delivery is impossible for Techit GmbH, then a compensation of an indirect damage is excluded as long as delay or impossibility results not of an gross negligent or willful violation of contract rests on Techit GmbH or of a violation of essential obligations of the contract. In case of delivery complications that do not lie in the influence of Techit GmbH, especially in case of strike, lockout, material loss, force majeure, carriage or operational barriage, Techit GmbH is entitled to retreat from the contract, without that a liability for damages would come into being.
6. If the licenser is not willing or in the position to maintain its update service, he will communicate this to the customer. In this case he will grant his customer a reimbursement of the pro rata temporis not yet exhausted update fee. In this case the customer has no other rights.

V. Prices and Terms of Payment
1. Our prices are understood strictly net free of shipping, as long as nothing else has been specified. The customer has to charge for all sending costs, especially packing, transport costs and transport security so as the legal value included tax.
2. Payments are due immediately without deduction. Bills of exchange and cheques are only accepted upon special agreement and exempt from charges and expenses.
3. If the customer is behind schedule with payment, Techit GmbH is entitled to claim default interests amounting to the lawful rate.
4. The customer can only balance out counterclaims against claims of Techit GmbH, if these have been determined beyond dispute or as legally binding.
5. If in case of default of payment of the customer there has been assigned a debt collection agency then the buyer has to take the arising costs from this assignment.
6. A Euro 5 charge is risen for each reminder, with the exception of the first reminder.

VI. Guarantee
1. The customer is obliged to examine the goods delivered by Techit GmbH immediately after having received them and to communicate Techit GmbH any damages and defects within fourteen days in writing. If the communication does not arrive in time, the customer's warranty claim expires, unless the defect could not be recognized at time of examination within the period of time - at the point of sale to consumers - not obvious.
2. Techit GmbH is obliged to rectify errors of the carrier material at one's one expense in the first year after having received the programs by means of exchange.
3. The liability of Techit GmbH for damages and capital losses, which have arisen from a program usage is ruled out, unless Techit GmbH has caused the damage on a gross negligent or willful violation of contract or from a violation of essential obligations of the contract. The customer is sole responsible for the correct application of the programs in his computer system and for data security.
4. An obligation for guarantee of Techit GmbH limits to its choice on compensation delivery or subsequent improvements. If the rectification of defects or the compensatory delivery fails, the customer can claim for reduction of the purchase price or cancellation of the contract. A further claim of the customer for replacement of a direct or indirect damage is excluded, unless the damage can be drawn back on an intentional or gross negligent violation of contract of Techit GmbH or of a violation of essential obligations of the contract.

VII. Transfer of Ownership, Securities
1. Delivered goods remain in the ownership of Techit GmbH until they have been paid completely. (Regulations of these general terms and conditions of business, whereupon the customer does not earn ownership, stay unaffected.) The customer is entitled to handle the goods and to sell them so far as this is compatible to the terms of the license agreement with him. The customer is not entitled to mortgage, collateral assignment or surrender of goods by way of exchange. Both Techit GmbH and the customer agree that the processor ownership that origins on the new items for the customer according to § 950 BGB, vests to Techit GmbH with its formation. The handing over is replaced by the agreement that the customer stores the new items for Techit GmbH free of charge.
2. If the customer sells goods he has obtained from Techit GmbH, before he himself has settled the purchase price towards Techit GmbH, the customer and Techit GmbH agree on that the claims arising from the resale have been transmitted to Techit GmbH for the assurance of its purchase price with its arising. If the goods are sold together with other items, then the ceding of the purchase price claim limits up to the based value of goods of Techit GmbH. The customer is revocably authorized to collect transferred claims to Techit GmbH on behalf of its invoice in its own name. Techit GmbH is entitled to disclose the transferring or to ask the customer for the transferring of the notification to the debitor.

VIII. Additional Regulations
1. Aidlingen is the place of performance for mutual services and court of jurisdiction- as long as permissible by law.
2. The contractual relationship between Techit GmbH and the customer is exclusively subjected to the right of the Federal Republic of Germany (without the UN law regarding to international sales of goods).
3. If a contractual stipulation should be entirely or partially ineffective, this would not affect to the effectiveness of contract for the rest. The ineffective stipulation is to replace by the effective stipulation which is the most similar to the ineffective one in an economic view.
4. All goods are send for disposition in the country of destination and are not to be exported from the country of destination, as long as the corresponding export regulations of the individual manufacturer countries impose limitations.

techit
technologie consulting & betreuung GmbH
Gäuallee 4 - 6
D-72202 Nagold
Germany
Telefon: +49 (0) 7452-60051-0
Telefax: +49 (0) 7452-60051-400
Email: info@techit.de
Internet: http://www.techit.de